A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 21, 2008, the defendant was sentenced to a summary order of KRW 3 million by the Incheon District Court due to the violation of the Road Traffic Act and the violation of the Road Traffic Act. On September 11, 2009, the same court was sentenced to a fine of KRW 7 million due to the violation of the Road Traffic Act and the violation of the Road Traffic Act.

At around 01:30 on May 13, 2016, the Defendant driven a Bsch Rexton car from the Roon-dong Seoul Yangcheon-gu to 773-14, Gangseo-gu, Seoul, Gangseo-gu, with no driver’s license, while under the influence of alcohol of 0.095% of the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and notification of the results of the control of drinking driving;

1. Registers of driver's licenses;

1. A statement on criminal records, etc.;

1. Investigation report (former and previous confirmation);

1. Application of Acts and subordinate statutes to an investigation report (a report on the failure of disposition, the results of confirmation, and a copy of summary order);

1. Relevant legal provisions concerning the driving of a motor vehicle under the influence of alcohol: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment shall be imposed on a person who commits a violation of the Road Traffic Act due to a drunk driving as stated in the judgment heavier than the punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Probation Criminal Act is that even though there have been many records of punishment for drinking or driving without a license since the cancellation of a driver's license in around 2005, the circumstances are not good in that the defendant again renders drinking or driving without a license.

However, the sentencing conditions under Article 51 of the Criminal Act, such as the confession and reflective attitude of the defendant, shall be determined by comprehensively taking into account the circumstances favorable to the defendant, the age, character and conduct, and environment of the defendant.